Carroll commissioners address dog-license fines

Carroll County Municipal Court Judge Gary R. Willen had been not enforcing fines or penalties for people who were given citations by the dog warden for not having a current and valid license, commissioners learned.

By Nancy Schaar

Times Reporter

By Nancy Schaar

Posted Jul. 15, 2013 at 12:01 AM
Updated Jul 15, 2013 at 3:03 PM

By Nancy Schaar

Posted Jul. 15, 2013 at 12:01 AM
Updated Jul 15, 2013 at 3:03 PM

CARROLLTON

arroll County commissioners reviewed the policy and procedure manual’s guidelines with county dog warden Kenny Ohler during a meeting Thursday.

A problem had been brought to the attention of commissioners regarding the warden, and the fact that Carroll County Municipal Court Judge Gary R. Willen had been not enforcing fines or penalties for people who were given citations by the dog warden for not having a current and valid license.

Commissioner Bob Wirkner, who is the commissioner in charge of the dog pound, said he and the clerks researched four years of minutes, reviewed tapes of meetings where it was discussed and reviewed the policy and procedure book to find out exactly what the laws and rules were for dog licensing.

CURRENT POLICY

Wirkner said dog owners have until Dec. 31 of each year to get a dog license. If they do not, the dog warden will check the list of dog owners with license for the previous year, against the list for the current year to determine who has not purchased a current license for their dog.

If the dog warden visits the home and reminds the dog owner he didn’t get the dog tag renewed, the dog owner still has 72 hours in which to purchase a license without being fined or penalized.

Wirkner said he learned through Willen and the court that the dog warden was issuing citations for owners who didn’t have a current tag, period.

“I found numerous conversations were had with the dog warden and then County Commissioner Larry Garner regarding this issue. The dog warden was told numerous times, that there is a 72-hour grace period for the dog owner to get a current dog tag,” stated Wirkner.

Wirkner said there have been 72 cases found, so far for this year, where the dog owner was issued a court summons for not having a current dog tag.

“Once again, this seems to be a problem with the dog warden,” continued Wirkner. Wirkner said the policy goes back to 2010, when the 72-hour grace policy was placed into the policy and procedure handbook.

Wirkner said that there have been 74 citations issued to owners the dog warden claimed to have visited who did not have current tags. Of those 74, 43 had purchased those tags by July 9. Thirty-one of the 74 had not purchased tags as of July 9, according to Wirkner’s records.

Willen said he has had his clerks go through the cases and that, as of last week, slightly more than $4,000 has been paid for the dog warden’s cases. Willen estimated that to refund the money due dog owners who purchased their tags within 72 hours of the dog warden’s visit, it would cost about $4,000.

Page 2 of 3 -
“We’ve had a number of complaints. I agree we should refund to those who did pay,” Willen said.

Wirkner questioned why if the dog warden already is at the residence where a current tag is needed, can’t people just pay the dog warden then and there and get a current tag.

County Auditor Leroy VanHorne, who attended the meeting, said it could be done. All the dog warden would need would be a receipt book and the money given to the auditors office along with the name and address, and a current tag would then be mailed to the dog owner.

That is the procedure used at several businesses who sell dog tags for the county auditor at their places of business.

MONEY DISAPPEARED

VanHorne said the system was tried with the dog warden before but the money disappeared and was never turned in.

“Our building was robbed,” declared dog warden Kenny Ohler.

Kenny Ohler continued by saying that his supervisor at the time, told him to do it the way he was.

“Since you opened that door, we are going to go through it. Is it true, that you told me yesterday morning, that you had never even read the policy and procedure manual? You had not read the licensing section? How do you send people out to write citations when you didn’t know the policy and procedure?,” questioned Wirkner.

“My supervisor told me to do it. I did what my supervisor said to,” stated Ohler.

“You have a way of running every new commissioner through the wringer,” challenged Wirkner.

At this point in the meeting, board President Tom Wheaton said that this discussion should be held in executive session since it has turned into a personnel issue.

“It’s better for everyone if this is done in private,” stated Wheaton. And the meeting’s agenda continued from that point, and Ohler left the meeting.

Commissioners agreed that the records would be checked, and that anyone who already has paid for their dog tags and did so within the 72-hour grace period would receive refunds.

In another matter, commissioners held a budget hearing with County Auditor Leroy VanHorne.

PROPERTY TAX, SALES TAX REVENUE UP

“I’m trying to be more liberal this year,” stated VanHorne.

VanHorne said that property taxes and sales taxes are seeing an increase this year, but that local government funds probably will remain the same.

For 2012, VanHorne had anticipated revenue to be at $5.4 million for 2013. The actual revenue appears, at this time, to be running slightly more than anticipated, according to VanHorne.

Sales tax was anticipated to drop off by this time in 2013, but VanHorne said it has not done that.

Page 3 of 3 -
Wheaton said that during department budget hearings in June, more than $7.45 million was requested in funds for 2014.

We need to get a good rainy-day fund. Our buildings, the roof was blown off the lodge last night,” stated Wheaton.

Ohler said that they have discussed replacing the courthouse roof and that there is a problem with the bricks and mortar of the courthouse, and other major building issues have been presented.

VanHorne said his projected $7 million in revenue for next year is a conservative figure and likely will change.

In other business, commissioners approved an amendment to the Prevention, Retention, Contingency plan that will include paid incentives for specified months of employment.

Met in executive session with Kate and Bill Offenberger to discuss imminent litigation.